Administrative and budgetary procedures of the United Nations

XVI. RESOLUTION ADOPTED ON THE REPORT OF THE FIFTH COMMITTEE
1731. Administrative and budgetary procedures of the United Nations

The General Assembly, Recognizing its need for authoritative legal guidance as to obligations of Member States under the Charter of the United Nations in the matter of financing the United Nations operations in the Congo and in the Middle East,

1. Decides to submit the following question to the International Court of Justice for an advisory opinion:

"Do the expenditures authorized in General Assembly resolutions 1583 (XV) and 1590 (XV) of 20 December 1960, 1595 (XV) of 3 April 1961, 1619 (XV) of 21 April 1961 and 1633 (XVI) of 30 October 1961 relating to the United Nations operations in the Congo undertaken in pursuance of the Security Council resolutions of 14 July,[1] 22 July[2] and 9 August 1960[3] and 21 February[4] and 24 November 1961,[5] and General Assembly resolutions 1474 (ES-IV) of 20 September 1960 and 1599 (XV), 1600 (XV) and 1601 (XV) of 15 April 1961, and the expenditures authorized in General Assembly resolutions 1122 (XI) of 26 November 1956, 1089 (XI) of 21 December 1956, 1090 (XI) of 27 February 1957, 1151 (XII) of 22 November 1957, 1204 (XII) of 13 December 1957, 1337 (XIII) of 13 December 1958, 1441 (XIV) of 5 December 1959 and 1575 (XV) of 20 December 1960 relating to the operations of the United Nations Emergency Force undertaken in pursuance of General Assembly resolutions 997 (ES-I) of 2 November 1956, 998 (ES-I) and 999 (ES-1) of 4 November 1956, 1000 (ES-1) of 5 November 1956, 1001 (ES-I) of 7 November 1956, 1121 (XI) of 24 November 1956 and 1263 (XIII) of 14 November 1958, constitute ‘expenses of the Organization' within the meaning of Article 17, paragraph 2, of the Charter of the United Nations?";

2. Requests the Secretary-General, in accordance with Article 65 of the Statute of the International Court of Justice, to transmit the present resolution to the Court accompanied by all documents likely to throw light upon the question.

1086th plenary meeting,
20 December 1961.


[1] Official Records of the Security Council, Fifteenth Year, Supplement for July, August and September 1960, document S/4387. [2] Ibid., document S/4405. [3] Ibid., document S/4426. [4] Ibid., Sixteenth Year, Supplement for January, February and March 1961, document S/4741. [5] Ibid., Supplement for October, November and December 1961, document S/5002.
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